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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2014 Highest 3739 / [2014 Highest 3739] Rental Housing Section 512, 202, which is a rental house owned by the Korea Land and Housing Corporation, is a tenant under the name of the tenant, but the defendant was actually a tenant, such as borrowing the above D's name, and receiving a loan from a financial institution in the name of D.
On November 1, 2011, the Defendant concluded a real estate lease agreement with the victim G at the “F Licensed Real Estate Agent Office located in Yongsan-si, Osan-si, with the Defendant as if he was the lessor’s agent. The Defendant concluded a false statement with the purport that “The above apartment is an apartment that is actually owned by the lessor, so there is no problem even if the lease contract was concluded, and there is no concern that deposit will be refunded, and if the lease apartment is converted for sale in lots, it can sell and purchase the sale right immediately, and even if it has several objects, there was no possibility that the deposit was not refunded.”
However, in fact, since the above apartment house was owned by the Korea Land and Housing Corporation, the lessee of the apartment house could not transfer the right of lease to another person or sublet the rental house to another person. ② At the time, the defendant was in an economic situation that makes it difficult to pay the rent of five rental apartments managed by him. ③ At the expiration of the sub-lease period with the victim, the defendant was expecting a new lessee to receive the deposit from the new lessee, and there was no intention or ability to return the deposit to the victim even if the sub-lease contract was concluded with the victim.
As such, the Defendant, by deceiving the victim as above, received KRW 85 million from the victim as a security deposit in the same place.
[2014 Highest 4696] The defendant is the victim at the F office of the defendant's operation in the apartment commercial building in Osan-si around February 25, 2013.